J. B. White & Co. v. Montgomery

Jackson, Judge.

This was an action on the case, brought by the tenant against the landlord, for damage to goods in a store-room rented ‘to the tenant, by water falling from a water-closet above the store-room. The premises above were rented by the same landlord to another tenant as a boarding house, and the water-closet was used by the tenant of the boarding house. The damage was proven to result from the water-closet above, but the evidence was conflicting as to what caused the overflow of water from it, whether from the improper construction and repair of the water-closet, or from the…